華人回報義務規範與法律權利之衝突及其調和──以拾得遺失物報酬請求權為例

Conflict and Reconciliation between the Chinese Norm of Reciprocal Obligation and Legal Rights – A Case of the Claim to Reward for Returning Lost Property

本研究以拾得遺失物報酬請求權事件為例，探討華人文化中人際回報規範、義務互動與權利概念。研究一發現，在拾得遺失物事件中，由失主「主動給予有償報酬」、同時拾得人「婉拒報酬」之互動方式所獲得的評價最高，符合文化理想中道德階序觀與回報義務規範。研究二進一步將參與者分為兩組，發現知悉立法目的之參與者，因為受到回報義務規範的影響，不僅支持拾得人依法行使權利的程度提高，同時也會更希望由失主主動履行回報義務。研究三則進一步顯示，雖然華人文化理想的回報規範是以義務互動為原則，但如果當事人一方未遵守義務原則時，另一方便得主張法律上之權利，以回復雙方關係間之公平性。本研究最後針對上述結果進行討論，並對未來研究方向提出相關建議。

This article examines the norms of reciprocity and obligation in Chinese culture in the context of claiming a reward for returning lost property. Three studies were conducted by using scenario experimental method to evaluate and measure different types of conditions. Most of participants were college students; there were 83 participants in study 1, 178 participants in study 2, and 92 participants in study 3.The analysis resulted in two main findings. First, we found that participants expected an owner to voluntarily offer a reward if someone returns their lost property. However, they also expected the returner to politely refuse the reward. We attribute this response to cultural norms relating to moral obligations. Second, we found that participants who acknowledged the legislative purposes were also influenced by the concept of obligation. They not only supported the position that the person who picks up the lost property should comply with the legislative purposes to the higher level, they also expected the owner to voluntarily perform his/her obligation and responsibility. The results highlighted the importance of obligation in Chinese culture. If one party does not perform his/her obligation and responsibility, the other party in entitled to litigate, which maintains balance and fairness between the two parties. At last, the researcher will conduct further discussion of the above-mentioned findings. The researcher will also propose relevant recommendations to the future study direction.